Mass. woman finds stranger in family grave

Maintains person buried without her permission, town says plot was sold in 80s

Charlie Breitrose

When Peggy Smith visited the family plot in the Rural Cemetery a year-and-a-half ago, she discovered something new - a man had been buried there with no ties to her ancestors in the Peck family.

With a deed to the plot in hand and feeling wronged by the town, Smith, 49, wants the body of the non-family member moved out of the Peck plot. If a resolution cannot be made, Smith said she is willing to take legal action.

"My mother died in '84, and I received the deed," Smith said. "I have the deed, and I never ever allowed anyone to be buried there."

Public Works Superintendent Karen Galligan said, however, that the burial was done legally, and that one of Smith's relatives sold off four of the 10 burial lots in the 1980s.

"It's clear what happened, we have a document that said the plot was sold and subdivided," Galligan said. "The Peck family is saying that they have the deed and it was never sold. Unfortunately all the parties involved are deceased - the cemetery superintendent is deceased and the person who did the selling is deceased."

Galligan compared the cemetery deed to a property deed. The original is valid until someone sells or subdivides the property, Galligan said.

"I might have the original piece of paper that says I own the whole thing," Galligan said. "But my brother who subdivided the property has another piece of paper (that trumps mine)."

The sale occurred in 1985, Galligan said, but back then people were not required to tell the town when plots were transferred.

The way the cemetery works has changed Galligan said, to prevent such incidents. Now if someone wants to sell a lot or lots the person must sell it back to the town for the price originally paid, and the town will then sell the lots.

Galligan said she hopes to find a way to find a solution that both the Pecks and the other family will accept.

"We do have licenses for both sets of people," Galligan said. "We are trying to accommodate both sets of people."

Smith, an Ashland native with Southborough ties, planned to be buried in the Peck plot along with husband Russell, sister Debora and brother-in-law Tom and a good friend. She moved to North Carolina in 1998 and had not been back for some time, when she made the discovery.

"I was surprised when I saw someone was buried in my family plot that didn't belong," Smith said. "I live in North Carolina now, but the plot has been in the family since 1893."

The family has ties with St. Mark's School, where Smith's great-grandfather William Edward Peck met his wife Harriet Jones Peck. William was one of the school's first headmasters, Smith said.

They are buried in the plot along with Smith's great aunt Rachel DeKoven Peck, her grandmother Margaret Mascret and her aunt Margurite Mascret - Smith's mother's sister. The plot was purchased to bury Rachel, who died at age 4, Smith said.

One reason for her urgency to settle the situation, Smith said, is that her sister Debora has been ill.

Smith, who went to Marian High School and graduated from Framingham South, said she used to visit the gravesite often, and would clean the headstones. After moving South, she could not come as often.

"I think I stopped going several times a year and (the town) thought no one was interested," Smith said. "So they sold it."

Galligan said nothing illegal or underhanded occurred.

"It is very upsetting for family of the people buried there - on both sides. I believe they did everything in good faith, and believe correctly," she said. "Our documents say the spouse of that person (buried on the plot), purchased four lots out of that larger lot. We have documentation that that happened."

Moving someone once they are buried is difficult, Galligan said. Either the family of the deceased has to agree or a court order must be issued. The man's family does not want to exhume the body, Galligan said.

The family of the man buried on the plot offered to return the unused plots, Galligan said, and the town has offered the same number of lots in other parts of the cemetery or the crypt.

Smith said she does not want to accept either option.

"We've been battling since April last year, and it's gotten to the point where I've stuck my New Englander feet in the sand and we want this gentleman out, but (the town is) not willing to cooperate," Smith said. "I haven't filed lawsuit. I was hoping we could just (come to an agreement), but if it comes to it I will."